Priyanka Shivprasad Kele v. Shivprasad Laxman Kele

{1}

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD MISC. CIVIL APPLICATION NO. 88 OF 2023 Priyanka Shivprasad Kele Applicant

Versus

Shivprasad Laxman Kele Respondent Ms. Pranoti R. Karpe, advocate holding for Mr. Mr. A. S. Khedkar, advocate for the Applicant CORAM : SANDIPKUMAR C. MORE, J.

DATE : 13th July, 2023.

PC :

Heard learned Counsel for the applicant.

The respondent, despite service, remained absent. The applicant-wife is seeking transfer of Petition No.A-160 of 2021, fled by the respondent-husband for getting divorce, from the Family Court, Jalna to the Court of Civil Judge, Senior Division, Hingoli.

According to the applicant, she is not having any

{2} independent source of income. Moreover, she is looking after four years' old son without any fnancial assistance from the respondent. Moreover, she has also fled proceedings for getting maintenance under Section 125 of the Code of Criminal Procedure against the respondent at Hingoli. There is no oppose to this application. Since the respondent will have to attend the dates at Hingoli, the petition fled by him can be conveniently transferred to Hingoli from Jalna.

In view of the same, following order is passed: (i) Misc. Civil Application is allowed.

(ii) The Hindu Marriage Petition No.A-160 of 2021 is hereby transferred to the Court of Civil Judge, Senior Division, Hingoli, from the Family Court, Jalna, for disposal according to law.

(iii) The Respondent is directed to appear before the

{3} Court of Civil Judge, Senior Division, Hingoli, on or before 1st August, 2023.

(iv) Misc. Civil Application is accordingly disposed of. (SANDIPKUMAR C. MORE) JUDGE adb